AKI Trial: Expert Witness Says Gov’t AKI Report “Not 100% Conclusive”
Dr Mustapha Bittaye
By Edward Francis Dalliah, Jr.
Tension gripped Banjul High Court as the Chief Medical Director of Edward Francis Small Teaching Hospital, Dr Mustapha Bittaye, challenged the government’s own task force findings on the deaths of over 70 children, insisting the report is “not 100% conclusive”.
Dr Bittaye made the assertion during a heated cross-examination by Counsel Anna Njie, representing the plaintiffs, as proceedings continued before Justice Jaiteh on Wednesday, 29th April 2026.
Counsel Njie directed the witness to the task force’s conclusion, which states that, based on its investigation, the deaths of children under five between July and October 2022 were “as a direct result of contaminated medicines found in four cough and cold syrups imported by Atlantic Pharmacy from Maiden Pharmaceuticals Company Limited in India”.
She then asked whether he would agree with her that the report confirms that the death of the 70 children is a result of the contaminated syrups imported by Atlantic Pharmaceuticals and manufactured by Maiden Pharmaceuticals in India. Dr Bittaye rejected that interpretation by responding, “No, I don’t think that is what it is saying. That’s not correct,” he told the court.
His response prompted Counsel Njie to press further: “Are you denying the report of the Ministry of Health?” She then asked him to read the relevant section aloud. After reading the passage, Dr Bittaye maintained his position, arguing that the report reflects expert opinions rather than a definitive conclusion. He told the court: “I don’t see that they are saying that it was caused by this or that, but it’s saying that the expert opinions is also similar to the opinions of the [other report].”
However, the section read in court stated that “it is safe to conclude, without any qualms, that the death of the seventy children below the age of five, between July and October 2022, related to Acute Kidney Injury, is as a direct result of contaminated medicines found in four cough and cold syrups imported by Atlantic Pharmacy from Maiden Pharmaceuticals Company Limited in India.”
The report further noted that these findings were “strongly corroborated” by experts from Edward Francis Small Teaching Hospital, as well as by the United States Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO).
Despite this, Dr Bittaye insisted the report remains based on the perspectives and opinions of experts, including Professor Vivian Muoneke Uzoamaka, Professor Gabriel Ogun, and Dr Ousman Leigh, and is therefore not entirely conclusive.
The exchange grew increasingly tense, prompting Justice Jaiteh to intervene. The judge reminded the witness that such reports are grounded in professional expertise and established facts.
Justice Jaiteh explained that, “these are not ordinary opinions”, noting that the experts involved are highly qualified specialists whose conclusions carry significant weight. He added that while the court will consider all evidence, the unanimous expert findings cannot simply be dismissed.
Dr Bittaye’s position in court appears to contrast with the task force’s firm conclusion and adds to ongoing questions about accountability in the case. Notably, during an earlier appearance, Dr Bittaye told the court that “he thinks the government bears just 1% responsibility for the tragedy.”
This was despite the task force report citing a Ministry of Health pharmacist, Babanding Sabally, who attributed 90% of the blame to the manufacturer and 10% to the Medicines Control Agency (MCA), pointing to the absence of a quality control laboratory and weaknesses in the pharmacovigilance system.
The case, which has been ongoing since 2023, centres on the deaths of more than 70 children believed to have consumed contaminated syrups imported into The Gambia. Justice Jaiteh adjourned the case to Thursday, 14th May 2026, at 10:00 a.m. for the continuation of Dr Bittaye’s cross-examination.
